The Surplus of Copying
How Shadow Libraries and Pirate Archives Contribute to the
Creation of Cultural Memory and the Commons
By Cornelia Sollfrank
Digital artworks tend to have a problematic relationship with the white
cube—in particular, when they are intended and optimized for online
distribution. While curators and exhibition-makers usually try to avoid
showing such works altogether, or at least aim at enhancing their sculptural
qualities to make them more presentable, the exhibition _Top Tens_ featured an
abundance of web quality digital artworks, thus placing emphasis on the very
media condition of such digital artifacts. The exhibition took place at the
Onassis Cultural Center in Athens in March 2018 and was part of the larger
festival _Shadow Libraries: UbuWeb in Athens_ ,1 an event to introduce the
online archive UbuWeb2 to the Greek audience and discuss related cultural,
ethical, technical, and legal issues. This text takes the event—and the
exhibition in particular—as a starting point for a closer look at UbuWeb and
the role an artistic approach can play in building cultural memory within the
neoliberal knowledge economy.
_UbuWeb—The Cultural Memory of the Avant-Garde_
Since Kenneth Goldsmith started Ubu in 1997 the site has become a major point
of reference for anyone interested in exploring twentieth-century avant-garde
art. The online archive provides free and unrestricted access to a remarkable
collection of thousands of artworks—among them almost 700 films and videos,
over 1000 sound art pieces, dozens of filmed dance productions, an
overwhelming amount of visual poetry and conceptual writing, critical
documents, but also musical scores, patents, electronic music resources, plus
an edition of vital new literature, the /ubu editions. Ubu contextualizes the
archived objects within curated sections and also provides framing academic
essays. Although it is a project run by Goldsmith without a budget, it has
built a reputation for making all the things available one would not find
elsewhere. The focus on “avant-garde” may seem a bit pretentious at first, but
when you look closer at the project, its operator and the philosophy behind
it, it becomes obvious how much sense this designation makes. Understanding
the history of the twentieth-century avant-garde as “a history of subversive
takes on creativity, originality, and authorship,”3 such spirit is not only
reflected in terms of the archive’s contents but also in terms of the project
as a whole. Theoretical statements by Goldsmith in which he questions concepts
such as authorship, originality, and creativity support this thesis4—and with
that a conflictual relationship with the notion of intellectual property is
preprogrammed. Therefore it comes as no surprise that the increasing
popularity of the project goes hand-in-hand with a growing discussion about
its ethical justification.
At the heart of Ubu, there is the copy! Every item in the archive is a digital
copy, either of another digital item or, in fact, it is the digitized version
of an analog object.5 That is to say, the creation of a digital collection is
inevitably based on copying the desired archive records and storing them on
dedicated media. However, making a copy is in itself a copyright-relevant act,
if the respective item is an original creation and as such protected under
copyright law.6 Hence, “any reproduction of a copyrighted work infringes the
copyright of the author or the corresponding rights of use of the copyright
holder”.7 Whether the existence of an artwork within the Ubu collection is a
case of copyright infringement varies with each individual case and depends on
the legal status of the respective work, but also on the way the rights
holders decide to act. As with all civil law, there is no judge without a
plaintiff, which means even if there is no express consent by the rights
holders, the work can remain in the archive as long as there is no request for
removal.8 Its status, however, is precarious. We find ourselves in the
notorious gray zone of copyright law where nothing is clear and many things
are possible—until somebody decides to challenge this status. Exploring the
borders of this experimental playground involves risk-taking, but, at the same
time, it is the only way to preserve existing freedoms and make a case for
changing cultural needs, which have not been considered in current legal
settings. And as the 20 years of Ubu’s existence demonstrate, the practice may
be experimental and precarious, but with growing cultural relevance and
reputation it is also gaining in stability.
_Fair Use and Public Interest_
At all public appearances and public presentations Goldsmith and his
supporters emphasize the educational character of the project and its non-
commercial orientation.9 Such a characterization is clearly intended to take
the wind out of the sails of its critics from the start and to shift the
attention away from the notion of piracy and toward questions of public
interest and the common good.
From a cultural point of view, the project unquestionably is of inestimable
value; a legal defense, however, would be a difficult undertaking. Copyright
law, in fact, has a built-in opening, the so-called copyright exceptions or
fair use regulations. They vary according to national law and cultural
traditions and allow for the use of copyrighted works under certain, defined
provisions without permission of the owner. The exceptions basically apply to
the areas of research and private study (both non-commercial), education,
review, and criticism and are described through general guidelines. “These
defences exist in order to restore the balance between the rights of the owner
of copyright and the rights of society at large.”10
A very powerful provision in most legislations is the permission to make
“private copies”, digital and analog ones, in small numbers, but they are
limited to non-commercial and non-public use, and passing on to a third party
is also excluded.11 As Ubu is an online archive that makes all of its records
publicly accessible and, not least, also provides templates for further
copying, it exceeds the notion of a “private copy” by far. Regarding further
fair use provisions, the four factors that are considered in a decision-making
process in US copyright provisions, for instance, refer to: 1) the purpose and
character of the use, including whether such use is of a commercial nature or
is for non-profit educational purposes; 2) the nature of the copyrighted work;
3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and 4) the effect of the use upon the potential
market for the value of the copyrighted work (US Copyright Act, 1976, 17 USC.
§107, online, n.pag.). Applying these fair use provisions to Ubu, one might
consider that the main purposes of the archive relate to education and
research, that it is by its very nature non-commercial, and it largely does
not collide with any third party business interests as most of the material is
not commercially available. However, proving this in detail would be quite an
endeavor. And what complicates matters even more is that the archival material
largely consists of original works of art, which are subject to strict
copyright law protection, that all the works have been copied without any
transformative or commenting intention, and last but not least, that the
aspect of the appropriateness of the amount of used material becomes absurd
with reference to an archive whose quality largely depends on
comprehensiveness: the more the merrier. As Simon Stokes points out, legally
binding decisions can only be made on a case-by-case basis, which is why it is
difficult to make a general evaluation of Ubu’s legal situation.12 The ethical
defense tends to induce the cultural value of the archive as a whole and its
invaluable contribution to cultural memory, while the legal situation does not
consider the value of the project as a whole and necessitates breaking it down
into all the individual items within the collection.
This very brief, when not abridged discussion of the possibilities of fair use
already demonstrates how complex it would be to apply them to Ubu. How
pointless it would be to attempt a serious legal discussion for such a
privately run archive becomes even clearer when looking at the problems public
libraries and archives have to face. While in theory such official
institutions may even have a public mission to collect, preserve, and archive
digital material, in practice, copyright law largely prevents the execution of
this task, as Steinhauer explains.13 The legal expert introduces the example
of the German National Library, which was assigned the task since 2006 to make
back-up copies of all websites published within the .de sublevel domain, but
it turned out to be illegal.14 Identifying a deficiently legal situation when
it comes to collecting, archiving, and providing access to digital cultural
goods, Steinhauer even speaks of a “legal obligation to amnesia”.15 And it is
particularly striking that, from a legal perspective, the collecting of
digitalia is more strictly regulated than the collecting of books, for
example, where the property status of the material object comes into play.
Given the imbalance between cultural requirements, copyright law, and the
technical possibilities, it is not surprising that private initiatives are
being founded with the aim to collect and preserve cultural memory. These
initiatives make use of the affordability and availability of digital
technology and its infrastructures, and they take responsibility for the
preservation of cultural goods by simply ignoring copyright induced
restrictions, i.e. opposing the insatiable hunger of the IP regime for
control.
_Shadow Libraries_
Ubu was presented and discussed in Athens at an event titled _Shadow
Libraries: UbuWeb in Athens_ , thereby making clear reference to the ecosystem
of shadow libraries. A library, in general, is an institution that collects,
orders, and makes published information available while taking into account
archival, economic, and synoptic aspects. A shadow library does exactly the
same thing, but its mission is not an official one. Usually, the
infrastructure of shadow libraries is conceived, built, and run by a private
initiative, an individual, or a small group of people, who often prefer to
remain anonymous for obvious reasons. In terms of the media content provided,
most shadow libraries are peer-produced in the sense that they are based on
the contributions of a community of supporters, sometimes referred to as
“amateur librarians”. The two key attributes of any proper library, according
to Amsterdam-based media scholar Bodo Balazs, are the catalog and the
community: “The catalogue does not just organize the knowledge stored in the
collection; it is not just a tool of searching and browsing. It is a critical
component in the organisation of the community of librarians who preserve and
nourish the collection.”16 What is specific about shadow libraries, however,
is the fact that they make available anything their contributors consider to
be relevant—regardless of its legal status. That is to say, shadow libraries
also provide unauthorized access to copyrighted publications, and they make
the material available for download without charge and without any other
restrictions. And because there is a whole network of shadow libraries whose
mission is “to remove all barriers in the way of science,”17 experts speak of
an ecosystem fostering free and universal access to knowledge.
The notion of the shadow library enjoyed popularity in the early 2000s when
the wide availability of digital networked media contributed to the emergence
of large-scale repositories of scientific materials, the most famous one
having been Gigapedia, which later transformed into library.nu. This project
was famous for hosting approximately 400,000 (scientific) books and journal
articles but had to be shut down in 2012 as a consequence of a series of
injunctions from powerful publishing houses. The now leading shadow library in
the field, Library Genesis (LibGen), can be considered as its even more
influential successor. As of November 2016 the database contained 25 million
documents (42 terabytes), of which 2.1 million were books, with digital copies
of scientific articles published in 27,134 journals by 1342 publishers.18 The
large majority of the digital material is of scientific and educational nature
(95%), while only 5% serves recreational purposes.19 The repository is based
on various ways of crowd-sourcing, i.e. social and technical forms of
accessing and sharing academic publications. Despite a number of legal cases
and court orders, the site is still available under various and changing
domain names.20
The related project Sci-Hub is an online service that processes requests for
pay-walled articles by providing systematic, automized, but unauthorized
backdoor access to proprietary scholarly journal databases. Users requesting
papers not present in LibGen are advised to download them through Sci-Hub; the
respective PDF files are served to users and automatically added to LibGen (if
not already present). According to _Nature_ magazine, Sci-Hub hosts around 60
million academic papers and was able to serve 75 million downloads in 2016. On
a daily basis 70,000 users access approximately 200,000 articles.
The founder of the meta library Sci-Hub is Kazakh programmer Alexandra
Elbakyan, who has been sued by large publishing houses and was convicted twice
to pay almost 20 million US$ in compensation for the losses her activities
allegedly have caused, which is why she had to go underground in Russia. For
illegally leaking millions of documents the _New York Times_ compared her to
Edward Snowden in 2016: “While she didn’t reveal state secrets, she took a
stand for the public’s right to know by providing free online access to just
about every scientific paper ever published, ranging from acoustics to
zymology.” 21 In the same year the prestigious _Nature_ magazine elected her
as one of the ten most influential people in science. 22 Unlike other
persecuted people, she went on the offensive and started to explain her
actions and motives in court documents and blog posts. Sci-Hub encourages new
ways of distributing knowledge, beyond any commercial interests. It provides a
radically open infrastructure thus creating an inviting atmosphere. “It is a
knowledge infrastructure that can be freely accessed, used and built upon by
anyone.”23
As both projects LibGen and Sci-Hub are based in post-Soviet countries, Balazs
reconstructed the history and spirit of Russian reading culture and brings
them into connection.24 Interestingly, the author also establishes a
connection to the Kolhoz (Russian: колхо́з), an early Soviet collective farm
model that was self-governing, community-owned, and a collaborative
enterprise, which he considers to be a major inspiration for the digital
librarians. He also identifies parallels between this Kolhoz model and the
notion of the “commons”—a concept that will be discussed in more detail with
regards to shadow libraries further below.
According to Balazs, these sorts of libraries and collections are part of the
Guerilla Open Access movement (GOA) and thus practical manifestations of Aaron
Swartz’s “Guerilla Open Access Manifesto”.25 In this manifesto the American
hacker and activist pointed out the flaws of open access politics and aimed at
recruiting supporters for the idea of “radical” open access. Radical in this
context means to completely ignore copyright and simply make as much
information available as possible. “Information is power” is how the manifesto
begins. Basically, it addresses the—what he calls—“privileged”, in the sense
that they do have access to information as academic staff or librarians, and
he calls on their support for building a system of freely available
information by using their privilege, downloading and making information
available. Swartz and Elbakyan both have become the “iconic leaders”26 of a
global movement that fights for scientific knowledge to be(come) freely
accessible and whose protagonists usually prefer to operate unrecognized.
While their particular projects may be of a more or less temporary nature, the
discursive value of the work of the “amateur librarians” and their projects
will have a lasting impact on the development of access politics.
_Cultural and Knowledge Commons_
The above discussion illustrates that the phenomenon of shadow libraries
cannot be reduced to its copyright infringing aspects. It needs to be
contextualized within a larger sociopolitical debate that situates the demand
for free and unrestricted access to knowledge within the struggle against the
all-co-opting logic of capital, which currently aims to economize all aspects
of life.
In his analysis of the Russian shadow libraries Balazs has drawn a parallel to
the commons as an alternative mode of ownership and a collective way of
dealing with resources. The growing interest in the discourses around the
commons demonstrates the urgency and timeliness of this concept. The
structural definition of the commons conceived by political economist Massimo
de Angelis allows for its application in diverse fields: “Commons are social
systems in which resources are pooled by a community of people who also govern
these resources to guarantee the latter’s sustainability (if they are natural
resources) and the reproduction of the community. These people engage in
‘commoning,’ that is a form of social labour that bears a direct relation to
the needs of the people, or the commoners”.27 While the model originates in
historical ways of sharing natural resources, it has gained new momentum in
relation to very different resources, thus constituting a third paradigm of
production—beyond state and private—however, with all commoning activities
today still being embedded in the surrounding economic system.
As a reason for the newly aroused interest in the commons, de Angelis provides
the crisis of global capital, which has maneuvered itself into a systemic
impasse. While constantly expanding through its inherent logic of growth and
accumulation, it is the very same logic that destroys the two systems capital
relies on: non-market-shaped social reproduction and the ecological system.
Within this scenario de Angelis describes capital as being in need of the
commons as a “fix” for the most urgent systemic failures: “It needs a ‘commons
fix,’ especially in order to deal with the devastation of the social fabric as
a result of the current crisis of reproduction. Since neoliberalism is not
about to give up its management of the world, it will most likely have to ask
the commons to help manage the devastation it creates. And this means: if the
commons are not there, capital will have to promote them somehow.”28
This rather surprising entanglement of capital and the commons, however, is
not the only perspective. Commons, at the same time, have the potential to
create “a social basis for alternative ways of articulating social production,
independent from capital and its prerogatives. Indeed, today it is difficult
to conceive emancipation from capital—and achieving new solutions to the
demands of _buen vivir_ , social and ecological justice—without at the same
time organizing on the terrain of commons, the non-commodified systems of
social production. Commons are not just a ‘third way’ beyond state and market
failures; they are a vehicle for emerging communities of struggle to claim
ownership to their own conditions of life and reproduction.”29 It is their
purpose to satisfy people’s basic needs and empower them by providing access
to alternative means of subsistence. In that sense, commons can be understood
as an _experimental zone_ in which participants can learn to negotiate
responsibilities, social relations, and peer-based means of production.
_Art and Commons_
Projects such as UbuWeb, Monoskop,30 aaaaarg,31 Memory of the World,32 and
0xdb33 vary in size, they have different forms of organization and foci, but
they all care for specific cultural goods and make sure these goods remain
widely accessible—be it digital copies of artworks and original documents,
books and other text formats, videos, film, or sound and music. Unlike the
large shadow libraries introduced above, which aim to provide access to
hundreds of thousands, if not millions of mainly academic papers and books,
thus trying to fully cover the world of scholarly and academic works, the
smaller artist-run projects are of different nature. While UbuWeb’s founder,
for instance, also promotes a generally unrestricted access to cultural goods,
his approach with UbuWeb is to build a curated archive with copies of artworks
that he considers to be relevant for his very context.34 The selection is
based on personal assessment and preference and cared for affectionately.
Despite its comprehensiveness, it still can be considered a “personal website”
on which the artist shares things relevant to him. As such, he is in good
company with similar “artist-run shadow libraries”, which all provide a
technical infrastructure with which they share resources, while the resources
are of specific relevance to their providers.
Just like the large pirate libraries, these artistic archiving and library
practices challenge the notion of culture as private property and remind us
that it is not an unquestionable absolute. As Jonathan Lethem contends,
“[culture] rather is a social negotiation, tenuously forged, endlessly
revised, and imperfect in its every incarnation.”35 Shadow libraries, in
general, are symptomatic of the cultural battles and absurdities around access
and copyright within an economic logic that artificially tries to limit the
abundance of digital culture, in which sharing does not mean dividing but
rather multiplying. They have become a cultural force, one that can be
represented in Foucauldian terms, as symptomatic of broader power struggles as
well as systemic failures inherent in the cultural formation. As Marczewska
puts it, “Goldsmith moves away from thinking about models of cultural
production in proprietary terms and toward paradigms of creativity based on a
culture of collecting, organizing, curating, and sharing content.”36 And by
doing so, he produces major contradictions, or rather he allows the already
existing contradictions to come to light. The artistic archives and libraries
are precarious in terms of their legal status, while it is exactly due to
their disregard of copyright that cultural resources could be built that
exceed the relevance of most official archives that are bound to abide the
law. In fact, there are no comparable official resources, which is why the
function of these projects is at least twofold: education and preservation.37
Maybe UbuWeb and the other, smaller or larger, shadow libraries do not qualify
as commons in the strict sense of involving not only a non-market exchange of
goods but also a community of commoners who negotiate the terms of use among
themselves. This would require collective, formalized, and transparent types
of organization. Furthermore, most of the digital items they circulate are
privately owned and therefore cannot simply be transferred to become commons
resources. These projects, in many respects, are in a preliminary stage by
pointing to the _ideal of culture as a commons_. By providing access to
cultural goods and knowledge that would otherwise not be available at all or
inaccessible for large parts of the general public, they might even fulfill
the function of a “commons fix”, to a certain degree, but at the same time
they are the experimental zone needed to unlearn copyright and relearn new
ways of cultural production and dissemination beyond the property regime. In
any case, they can function as perfect entry points for the discussion and
investigation of the transformative force art can have within the current
global neoliberal knowledge society.
_Top Tens—Showcasing the Copy as an Aesthetic and Political Statement_
The exhibition _Top Tens_ provided an experimental setting to explore the
possibilities of translating the abundance of a digital archive into a “real
space”, by presenting one hundred artworks from the Ubu archive. 38 Although
all works were properly attributed in the exhibition, the artists whose works
were shown neither had a say about their participation in the exhibition nor
about the display formats. Tolerating the presence of a work in the archive is
one thing; tolerating its display in such circumstances is something else,
which might even touch upon moral rights and the integrity of the work.
However, the exhibition was not so much about the individual works on display
but the archiving condition they are subject to. So the discussion here has
nothing to do the abiding art theory question of original and copy.
Marginally, it is about the question of high-quality versus low-quality
copies. In reproducible media the value of an artwork cannot be based on its
originality any longer—the core criterion for sales and market value. This is
why many artists use the trick of high-resolution and limited edition, a kind
of distributed originality status for several authorized objects, which all
are not 100 percent original but still a bit more original than an arbitrary
unlimited edition. Leaving this whole discussion aside was a clear indication
that something else was at stake. The conceptual statement made by the
exhibition and its makers foregrounded the nature of the shadow library, which
visitors were able to experience when entering the gallery space. Instead of
viewing the artworks in the usual way—online—they had the opportunity to
physically immerse themselves in the cultural condition of proliferated acts
of copying, something that “affords their reconceptualization as a hybrid
creative-critical tool and an influential aesthetic category.”39
Appropriation and copying as longstanding methods of subversive artistic
production, where the reuse of existing material serves as a tool for
commentary, social critique, and a means of making a political statement, has
expanded here to the art of exhibition-making. The individual works serve to
illustrate a curatorial concept, thus radically shifting the avant-garde
gesture which copying used to be in the twentieth century, to breathe new life
in the “culture of collecting, organizing, curating, and sharing content.”
Organizing this conceptually concise exhibition was a brave and bold statement
by the art institution: The Onassis Cultural Centre, one of Athens’ most
prestigious cultural institutions, dared to adopt a resolutely political
stance for a—at least in juridical terms—questionable project, as Ubu lives
from the persistent denial of copyright. Neglecting the concerns of the
individual authors and artists for a moment was a necessary precondition in
order to make space for rethinking the future of cultural production.
________________
Special thanks to Eric Steinhauer and all the artists and amateur librarians
who are taking care of our cultural memory.
1 Festival program online: Onassis Cultural Centre, “Shadow Libraries: UbuWeb
in Athens,” (accessed on Sept. 30, 2018).
2 _UbuWeb_ is a massive online archive of avant-garde art created over the
last two decades by New York-based artist and writer Kenneth Goldsmith.
Website of the archive: (accessed on Sept. 30, 2018).
3 Kaja Marczewska, _This Is Not a Copy. Writing at the Iterative Turn_ (New
York: Bloomsbury Academic, 2018), 22.
4 For further reading: Kenneth Goldsmith, _Uncreative Writing: Managing
Language in the Digital Age_ (New York: Columbia University Press, 2011).
5 Many works in the archive stem from the pre-digital era, and there is no
precise knowledge of the sources where Ubu obtains its material, but it is
known that Goldsmith also digitizes a lot of material himself.
6 In German copyright law, for example, §17 and §19a grant the exclusive right
to reproduce, distribute, and make available online to the author. See also: (accessed on Sept. 30,
2018).
7 Eric Steinhauer, “Rechtspflicht zur Amnesie: Digitale Inhalte, Archive und
Urheberrecht,” _iRightsInfo_ (2013),
/rechtspflicht-zur-amnesie-digitale-inhalte-archive-und-urheberrecht/18101>
(accessed on Sept. 30, 2018).
8 In particularly severe cases of copyright infringement also state
prosecutors can become active, which in practice, however, remains the
exception. The circumstances in which criminal law must be applied are
described in §109 of German copyright law.
9 See, for example, “Shadow Libraries” for a video interview with Kenneth
Goldsmith.
10 Paul Torremans, _Intellectual Property Law_ (Oxford: Oxford University
Press, 2010), 265.
11 See also §53 para. 1–3 of the German Act on Copyright and Related Rights
(UrhG), §42 para. 4 in the Austrian UrhG, and Article 19 of Swiss Copyright
Law.
12 Simon Stokes, _Art & Copyright_ (Oxford: Hart Publishing, 2003).
13 Steinhauer, “Rechtspflicht zur Amnesie”.
14 This discrepancy between a state mandate for cultural preservation and
copyright law has only been fixed in 2018 with the introduction of a special
law, §16a DNBG.
15 Steinhauer, “Rechtspflicht zur Amnesie”.
16 Bodo Balazs, “The Genesis of Library Genesis: The Birth of a Global
Scholarly Shadow Library,” Nov. 4, 2014, _SSRN_ , , (accessed on
Sept. 30, 2018).
17 Motto of Sci-Hub: “Sci-Hub,” _Wikipedia_ ,
/Sci-Hub> (accessed on Sept. 30, 2018).
18 Guillaume Cabanac, “Bibliogifts in LibGen? A study of a text-sharing
platform driven by biblioleaks and crowdsourcing,” _Journal of the Association
for Information Science and Technology_ , 67, 4 (2016): 874–884.
19 Ibid.
20 The current address is (accessed on Sept. 30, 2018).
21 Kate Murphy, “Should All Research Papers Be Free?” _New York Times Sunday
Review_ , Mar. 12, 2016,
/should-all-research-papers-be-free.html> (accessed on Sept. 30, 2018).
22 Richard Van Noorden, “Nature’s 10,” _Nature_ , Dec. 19, 2016, (accessed on Sept. 30,
2018).
23 Bodo Balazs, “Pirates in the library – an inquiry into the guerilla open
access movement,” paper for the 8th Annual Workshop of the International
Society for the History and Theory of Intellectual Property, CREATe,
University of Glasgow, UK, July 6–8, 2016. Online available at: https
://adrien-chopin.weebly.com/uploads/2/1/7/6/21765614/2016_bodo_-_pirates.pdf
(accessed on Sept. 30, 2018).
24 Balazs, “The Genesis of Library Genesis”.
25 Aaron Swartz, “Guerilla Open Access Manifesto,” _Internet Archive_ , July
2008,
(accessed on Sept. 30, 2018).
26 Balazs, “Pirates in the library”.
27 Massimo De Angelis, “Economy, Capital and the Commons,” in: _Art,
Production and the Subject in the 21st Century_ , eds. Angela Dimitrakaki and
Kirsten Lloyd (Liverpool: Liverpool University Press, 2015), 201.
28 Ibid., 211.
29 Ibid.
30 See: (accessed on Sept. 30, 2018).
31 Accessible with invitation. See:
[https://aaaaarg.fail/](https://aaaaarg.fail) (accessed on Sept. 30, 2018).
32 See: (accessed on Sept. 30, 2018).
33 See: (accessed on Sept. 30, 2018).
34 Kenneth Goldsmith in conversation with Cornelia Sollfrank, _The Poetry of
Archiving_ , 2013, (accessed on Sept. 30, 2018).
35 Jonathan Lethem, _The Ecstasy of Influence: Nonfictions, etc._ (London:
Vintage, 2012), 101.
36 Marczewska, _This Is Not a Copy_ , 2.
37 The research project _Creating Commons_ , based at Zurich University of the
Arts, is dedicated to the potential of art projects for the creation of
commons: “creating commons,” (accessed on
Sept. 30, 2018).
38 One of Ubu’s features online has been the “top ten”, the idea to invite
guests to pick their ten favorite works from the archive and thus introduce a
mix between chance operation and subjectivity in order to reveal hidden
treasures. The curators of the festival in Athens, Ilan Manouach and Kenneth
Goldsmith, decided to elevate this principle to the curatorial concept of the
exhibition and invited ten guests to select their ten favorite works. The
Athens-based curator Elpida Karaba was commissioned to work on an adequate
concept for the realization, which turned out to be a huge black box divided
into ten small cubicles with monitors and seating areas, supplemented by a
large wall projection illuminating the whole space.
39 Marczewska, _This Is Not a Copy_ , 7.
This text is under a _Creative Commons_ license: CC BY NC SA 3.0 Austria
Dockray & Liang
Sharing Instinct: An Annotation of the Social Contract Through Shadow Libraries
2015
# Sean Dockray & Lawrence Liang — Sharing Instinct: An Annotation of the
Social Contract Through Shadow Libraries
 Abdel Kader
Haïdara, a librarian who smuggled hundreds of thousands of manuscripts from
jihadist-occupied Timbuktu to safety in Bamako, stands with ancient volumes
from Timbuktu packed into metal trunks. Photo: Brent Stirton/Getty Images.
_Foederis aequas Dicamus leges _
(Let us make fair terms for the compact.)
—Virgil’s _Aeneid_ , XI
Man was born free, and everywhere he is in chains.1All excerpts from _The
Social Contract_ are from Jean-Jacques Rousseau, _The Social Contract: And,
The First and Second Discourses_, ed. Susan Dunn and Gita May (New Haven, CT:
Yale University Press, 2002).
> _June 30, 2015_
>
> _Dear Sean,_
>
> _I have been asked by Raqs Media Collective to contribute to a special
ongoing issue of _e-flux journal _that is part of the Venice Biennale. Raqs’s
section in the issue rethinks Rousseau’s social contract and the possibility
of its being rewritten, as a way of imagining social bonds and solidarities
that can help instigate and affirm a vision of the world as a space of
potential._
>
> _I was wondering if you would join me in a conversation on shadow libraries
and social contracts. The entire universe of the book-sharing communities
seems to offer the possibility of rethinking the terms of the social contract
and its associated terms (consent, general will, private interest, and so on).
While the rise in book sharing is at one level a technological phenomenon (a
library of 100,000 books put in PDF format can presently fit on a one-terabyte
drive that costs less than seventy-five dollars), it is also about how we
think of transformations in social relations mediated by sharing books._
>
> _If the striking image of books in preprint revolution was of being “in
chains,” as Rousseau puts it, I am prompted to wonder about the contemporary
conflict between the digital and mechanisms of control. Are books born free
but are everywhere in chains, or is it the case that they have been set free?
In which case are they writing new social contracts?_
>
> _I was curious about whether you, as the founder of _[
_Aaaaarg.org_](http://aaaaarg.org/) _, had the idea of a social contract in
mind, or even a community, when you started?_
>
> _Lawrence_
**Book I, Chapter VI : The Social Pact**
To find a form of association that may defend and protect with the whole force
of the community the person and property of every associate, and by means of
which each, joining together with all, may nevertheless obey only himself, and
remain as free as before.’’ Such is the fundamental problem to which the
social contract provides the solution.
We can reduce it to the following terms: ‘‘Each of us puts in common his
person and all his power under the supreme direction of the general will; and
in return each member becomes an indivisible part of the whole.’’
> _June 30, 2015_
>
> _Dear Lawrence,_
>
> _I am just listing a few ideas to put things out there and am happy to try
other approaches:_
>
> _—To think about the two kinds of structure that digital libraries take:
either each library is shared by many user-librarians or there is a library
for each person, shared with all the others. It’s a technological design
question, yes, but it also suggests different social contracts?_
>
> _—What is subtracted when we subtract your capacity/right to share a book
with others, when every one of us must approach the market anew to come into
contact with it? But to take a stab at misappropriating the terms you’ve
listed, consent, what libraries do I consent to? Usually the consent needs to
come from the library, in the form of a card or something, but we don’t ask
enough what we want, maybe. Also what about a social contract of books? Does a
book consent to being in a library? What rights does it have or expect?_
>
> _I really loved the math equation Rousseau used to arrive at the general
will: if you subtract the pluses and minuses of particular wills that cancel
each other out, then the general will is the sum of the differences! But why
does the general need to be the lowest common denominator—certainly there are
more appropriate mathematical concepts that have been developed in the past
few hundred years?_
>
> _Sean_
**Book I, Chapter II: Primitive Societies**
This common liberty is a consequence of man’s nature. His first law is to
attend to his own survival, his first concerns are those he owes to himself;
and as soon as he reaches the age of rationality, being sole judge of how to
survive, he becomes his own master.
It is the relation of things and not of men that constitutes war; and since
the state of war cannot arise from simple personal relations, but only from
real relations, private war—war between man and man—cannot exist either in the
state of nature, where there is no settled ownership, or in the social state,
where everything is under the authority of the laws.
> _July 1, 2015_
>
> _Dear Lawrence,_
>
> _Unlike a logic of exchange, or of offer and return with its demands for
reciprocity, the logic of sharing doesn’t ask its members for anything in
return. There are no guarantees that the one who gives a book will get back
anything, whether that is money, an equivalent book, or even a token of
gratitude. Similarly, there is nothing to prevent someone from taking without
giving. I think a logic of sharing will look positively illogical across the
course of its existence. But to me, this is part of the appeal: that it can
accommodate behaviors and relationships that might be impossible within the
market._
>
> _But if there is a lack of a contract governing specific exchanges, then
there is something at another level that defines and organizes the space of
sharing, that governs its boundaries, and that establishes inclusions and
exclusions. Is this something ethics? Identity? Already I am appealing to
something that itself would be shared, and would this sharing precede the
material sharing of, for example, a library? Or would the shared
ethics/identity/whatever be a symptom of the practice of sharing? Well, this
is perhaps the conclusion that anthropologists might come to when trying to
explain the sharing practices of hunter-gatherer societies, but a library?_
>
> _Sean_
>
>
>
> _July 1, 2015_
>
> _Hi Sean,_
>
> _I liked your question of what might account for a sharing instinct when it
comes to books, and whether we appeal to something that already exists as a
shared ethics or identity, or is sharing the basis of a shared
ethics/identity? I have to say that while I have never thought of my own book-
collecting through the analogy of hunter-gatherers, the more I think about it,
the more sense it makes to me. Linguistically we always speak of going on book
hunts and my daily trawling through the various shadow libraries online does
seem to function by way of a hunting-gathering mentality._
>
> _Often I download books I know that I will never personally read because I
know that it may either be of interest to someone else, or that the place of a
library is the cave where one gathers what one has hunted down, not just for
oneself but for others. I also like that we are using so-called primitive
metaphors to account for twenty-first-century digital practices, because it
allows us the possibility of linking these practices to a primal instinct of
sharing, which precedes our encounter with the social norms that classify and
partition that instinct (legal, illegal, authorized, and so on). _
>
> _I don’t know if you remember the meeting that we had in Mumbai a few years
ago—among the other participants, we had an academic from Delhi as an
interlocutor. He expressed an absolute terror at what he saw as the “tyranny
of availability” in online libraries. In light of the immense number of books
available in electronic copies and on our computers or hard discs, he felt
overwhelmed and compared his discomfort with that of being inside a large
library and not knowing what to do. Interestingly, he regularly writes asking
me to supply him with books that he can’t find or does not have access to._
>
> _This got me thinking about the idea of a library and what it may mean, in
its classical sense and its digital sense. An encounter with any library,
especially when it manifests itself physically, is one where you encounter
your own finitude in the face of what seems like the infinity of knowledge.
But personally this sense of awe has also been tinged with an immense
excitement and possibility. The head rush of wanting to jump from a book on
forgotten swear words to an intellectual biography of Benjamin, and the
tingling anticipation as you walk out of the library with ten books, captures
for me more than any other experience the essence of the word potential._
>
> _I have a modest personal library of around four thousand books, which I
know will be kind of difficult for me to finish in my lifetime even if I stop
adding any new books, and yet the impulse to add books to our unending list
never fades. And if you think about this in terms of the number of books that
reside on our computers, then the idea of using numbers becomes a little
pointless, and we need some other way or measure to make sense of our
experience._
>
> _Lawrence_
**Book I, Chapter VII: The Sovereign**
Every individual can, as a man, have a particular will contrary to, or
divergent from, the general will which he has as a citizen; his private
interest may appear to him quite different from the common interest; his
absolute and naturally independent existence may make him envisage what he
owes to the common cause as a gratuitous contribution, the loss of which would
be less harmful to others than the payment of it would be onerous to him.
> _July 12, 2015_
>
> _Hi Sean,_
>
> _There is no symbol that to my mind captures the regulated nature of the
library more than that of the board that hushes you with its capitalized
SILENCE. Marianne Constable says, “One can acknowledge the figure of silence
in the library and its persistence, even as one may wonder what a silent
library would be, whether libraries ever are silent, and what the various
silences—if any—in a library could be.”_
>
> _If I had to think about the nature of the social contract and the
possibilities of its rewriting from the site of the library one encounters
another set of silent rules and norms. If social contracts are narrative
compacts that establish a political community under the sign of a sovereign
collective called the people, libraries also aspire to establish an authority
in the name of the readers and to that extent they share a common constitutive
character. But just as there is a foundational scandal of absence at the heart
of the social contract that presumes our collective consent (what Derrida
describes as the absence of the people and the presence of their signature)
there seems to be a similar silence in the world of libraries where readers
rarely determine the architecture, the logic, or the rules of the library._
>
> _So libraries have often mirrored, rather than inverted, power relations
that underlie the social contracts that they almost underwrite._ _In contrast
I am wondering if the various shadow libraries that have burgeoned online, the
portable personal libraries that are shared offline: Whether all of them
reimagine the social contract of libraries, and try to create a more insurgent
imagination of the library?_
>
> _Lawrence_
>
>
>
> _July 13, 2015_
>
> _Hi Lawrence,_
>
> _As you know, I’m very interested in structures that allow the people within
ways to meaningfully reconfigure them. This is distinct from participation or
interaction, where the structures are inquisitive or responsive, but not
fundamentally changeable._
>
> _I appreciate the idea that a library might have, not just a collection of
books or a system of organizing, but its own social contract. In the case of
Aaaaarg, as you noticed, it is not explicit. Not only is there no statement as
such, there was never a process prior to the library in which something like a
social contract was designed._
>
> _I did ask users to write out a short statement of their reason for joining
Aaaaarg and have around fifty thousand of these expressions of intention. I
think it’s more interesting to think of the social contract, or at least a
"general will," in terms of those. If Rousseau distinguished between the will
of all and the general will, in a way that could be illustrated by the catalog
of reasons for joining Aaaaarg. Whereas the will of all might be a sum of all
the reasons, the general will would be the sum of what remains after you "take
away the pluses and minuses that cancel one another." I haven’t done the math,
but I don’t think the general will, the general reason, goes beyond a desire
for access._
>
> _To summarize a few significant groupings:_
>
> _—To think outside institutions; _
> _—To find things that one cannot find; _
> _—To have a place to share things;_
> _—To act out a position against intellectual property; _
> _—A love of books (in whatever form)._
>
> _What I do see as common across these groupings is that the desire for
access is, more specifically, a desire to have a relationship with texts and
others that is not mediated by market relations._
>
> _In my original conception of the site, it would be something like a
collective commonplace. Like commonplacing, the excerpts that people would
keep were those parts of texts that seemed particularly useful, that produced
a spark that one wanted to share. This is important: that it was the
experience of being electrified in some way that people were sharing and not a
book as such. Over time, things changed and the shared objects became more
complete so to say, and less “subjective,” but I hope that there is still that
spark. But, at this point, I realize that I am just another one of the many
wills, and just one designer of whatever social contract is underlying the
library._
>
> _So, again—What is the social contract? It wasn’t determined in advance and
it is not written in any about section or FAQ. I would say that it is, like
the library itself, something that is growing and evolving over time, wouldn’t
you?_
>
> _Sean_
**Book II, Chapter VIII : The People**
As an architect, before erecting a large edifice, examines and tests the soil
in order to see whether it can support the weight, so a wise lawgiver does not
begin by drawing up laws that are good in themselves, but considers first
whether the people for whom he designs them are fit to maintain them.
> _July 15, 2015_
>
> _Lawrence,_
>
> _There are many different ways of organizing a library, of structuring it,
and it’s the same for online libraries. I think the most interesting
conversation would not be to bemoan the digital for overloading our ability to
be discerning, or to criticize it for not conforming to the kind of economy
that we expected publishing to have, or become nostalgic for book smells; but
to actually really wonder what it is that could make these libraries great,
places that will be missed in the future if they go away. To me, this is the
most depressing thing about the unfortunate fact that digital shadow libraries
have to operate somewhat below the radar: it introduces a precariousness that
doesn’t allow imagination to really expand, as it becomes stuck on techniques
of evasion, distribution, and redundancy. But what does it mean when a library
functions transnationally? When its contents can be searched? When reading
interfaces aren’t bound by the book form? When its contents can be referenced
from anywhere?_
>
> _What I wanted when building Aaaaarg.org the first time was to make it
useful, in the absolute fullest sense of the word, something for people who
saw books not just as things you buy to read because they’re enjoyable, but as
things you need to have a sense of self, of orientation in the world, to learn
your language and join in the conversation you are a part of—a library for
people who related to books like that._
>
> _Sean_
>
>
>
> _July 17, 2015_
>
> _Hi Sean_,
>
> _To pick up on the reasons that people give for joining Aaaaarg.org: even
though Aaaaarg.org is not bound by a social contract, we do see the
outlines—through common interests and motivations—of a fuzzy sense of a
community. And the thing with fuzzy communities is that they don’t necessarily
need to be defined with the same clarity as enumerated communities, like
nations, do. Sudipta Kaviraj, who used the term fuzzy communities, also speaks
of a “narrative contract”—perhaps a useful way to think about how to make
sense of the bibliophilic motivations and intentions, or what you describe as
the “desire to have a relationship with texts and others that is not mediated
by market relations.”_
>
> _This seems a perfectly reasonable motivation except that it is one that
would be deemed impossible at the very least, and absurd at worst by those for
whom the world of books and ideas can only be mediated by the market. And it’s
this idea of the absurd and the illogical that I would like to think a little
bit about via the idea of the ludic, a term that I think might be useful to
deploy while thinking of ways of rewriting the social contract: a ludic
contract, if you will, entered into through routes allowed by ludic libraries.
_
>
> _If we trace the word ludic back to its French and Latin roots, we find it
going back to the idea of playing (from Latin _ludere _"to play" or _ludique
_“spontaneously playful”), but today it has mutated into most popular usage
(ludicrous) generally used in relation to an idea that is so impossible it
seems absurd. And more often than not the term conveys an absurdity associated
with a deviation from well-established norms including utility, seriousness,
purpose, and property._
>
> _But what if our participation in various forms of book sharing was less
like an invitation to enter a social contract, and more like an invitation to
play? But play what, you may ask, since the term play has childish and
sometimes frivolous connotation to it? And we are talking here about serious
business. Gadamer proposes that rather than the idea of fun and games, we can
think with the analogy of a cycle, suggesting that it was important not to
tighten the nuts on the axle too much, or else the wheel could not turn. “It
has to have some play in it … and not too much play, or the wheel will fall
off. It was all about _spielraum _, ‘play-room,’ some room for play. It needs
space.” _
>
> _The ludic, or the invitation to the ludic in this account, is first and
foremost a necessary relief—just as playing is—from constraining situations
and circumstances. They could be physical, monetary, or out of sheer
nonavailability (thus the desire for access could be thought of as a tactical
maneuver to create openings). They could be philosophical constraints
(epistemological, disciplinary), social constraints (divisions of class, work,
and leisure time). At any rate all efforts at participating in shadow
libraries seem propelled by an instinct to exceed the boundaries of the self
however defined, and to make some room for play or to create a “ludic
spaciousness,” as it were. _
>
> _The spatial metaphor is also related to the bounded/unbounded (another name
for freedom I guess) and to the extent that the unbounded allows us a way into
our impossible selves; they share a space with dreams, but rarely do we think
of the violation of the right to access as fundamentally being a violation of
our right to dream. Your compilation of the reasons that people wanted to join
Aaaaarg may well be thought of as an archive of one-sentence-long dreams of
the ludic library. _
>
> _If for Bachelard the house protects the dreamer, the library for me is a
ludic shelter, which brings me back to an interesting coincidence. I don’t
know what it is that prompted you to choose the name Aaaaarg.org; I don’t know
if you are aware it binds you irrevocably (to use the legal language of
contracts) with one of the very few theorists of the ludic, the Dutch
philosopher Johan Huizinga, who coined the word _homo ludens _(as against the
more functional, scientific homo sapiens or functional homo faber). In his
1938 text Huizinga observes that “the fun of playing, resists all analysis,
all logical interpretation,” and as a concept it cannot be reduced to any
other mental category. He feels that no language really has an exact
equivalent to the word fun but the closest he comes in his own language is the
Dutch word _aardigkeit, _so the line between aaaarg and aaard may have well
have been dreamt of before Aaaaarg.org even started._
>
> _More soon,_
>
> _Lawrence_
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